Solar Energy Control, Inc. v. State of Florida Dept. of Health and Rehabilitative Services, SS-256
| Decision Date | 21 November 1979 |
| Docket Number | No. SS-256,SS-256 |
| Parties | SOLAR ENERGY CONTROL, INC., a Florida Corporation, Petitioner, v. STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Respondent. |
| Court | Florida District Court of Appeals |
Gary M. Ketchum, Tampa, James C. Conner, Jr., Tallahassee, for petitioner.
George L. Waas, Asst. Gen. Counsel, Florida Dept. of Health & Rehabilitative Services, Tallahassee, for respondent.
We have before us a petition to review non-final administrative action. Jurisdiction is vested in this court pursuant to Rule 9.100(a), Florida Rules of Appellate Procedure. We issued an order to show cause, pursuant to which respondent has timely filed its response.
The petition seeks an order of this court requiring an administrative hearing under Section 120.57, Florida Statutes, concerning its claim of bid irregularities concerning Bid No. 80-497 WR, WINDOW FILM INSTALLATION. Petitioner also seeks an order of this court pursuant to Section 120.68(13)(a), Florida Statutes, to prevent respondent from proceeding further with its scheduled rebidding and bid opening procedures with respect to the same contract, which is now scheduled for November 26, 1979 (under Bid No. 80-509, WR, WINDOW FILM INSTALLATION), pending the outcome of an administrative hearing on its claims.
Petitioner was one of three bidders whose bids were opened and examined on September 4, 1979. The lowest bid was submitted by Florida Solar Power, but its bid did not conform to the technical specifications, in that the product to be used did not meet bid requirements; and the bidder was unable, after additional time was allowed, to cure this defect in its bid. The next lowest bid was submitted by petitioner. Its bid complied with all specifications. A third bidder, the highest of the three, submitted an unacceptable contingency clause for late delivery, and its bid therefore did not comply with bid specifications.
A staff report by the Director of respondent's General Services, dated September 30, 1979, recommended award of the contract to petitioner. However, on October 4, 1979, petitioner was advised by letter from William F. Cox, Purchasing Director, that respondent had decided to reject all bids and issue a second call for bids. The bid opening pursuant to this second call was advertised for November 26, 1979.
By means of Western Union mailgrams petitioner lodged written protests of the bidding procedure, and sought to stop all further rebidding until its claim was resolved by the Secretary of the Department of Health and Rehabilitative Services, or assigned to an administrative hearing officer. Petitioner's attorney followed these communications with a letter dated October 12, 1979, complaining of failure to award the contract to petitioner, and requesting a hearing. On October 18, 1979 a letter was prepared by respondent and transmitted to petitioner setting forth respondent's justification for its action...
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